The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-19

diste matters selected to which TO ap.
pend the opinions 4 tie Commission
only affect the interests OF limited class
es, but the opinions themselves cover,
In important respects, interpretations
of the interstate commerce law, and
determinations respecting the extent
Of the powers with which the Com
mission deems itself charged, ard, as
10 proved by the immense correspond
ence OF the Commission, are of interest
to almost every branch Of trade or
Commerce in the land. The folio wing
Ia the text Of the ruling:
INTERSTATE COMMERCE COMMISSION
WARRINGTON, Dc, April 16. J
In the matter Of the petition Of the Order of
Railway Conductors; in this matter Of the
pstitiOn Of tho Traders and Travellers
Union.
An application in writing has been
inside TO the Commission for its answer
to the following questions propounded
on behalf OF the Order Of Railway
Conductors.
l. Are all way companies prohibited
from issuing free transportation to
the immediate families OF employees OF
their own railwaysP
2. Are railway companies prohibited
from issuing free or reduced transport
tation to Ulcers or associations COM
posed exclusively OF railway employees,
while those officers are temporarily
out Of railway service and exclusively
employed by those associations2
8. May railway companies issue
passes TO employees OF other railways
on the application OF the employe, or
must such application co ne from the
officer OF the company by which he ia
employedf
4. May railway companies issue free
or reduced transpor stlon to those who
make railway service their business
or trade, while temporarily out OF en-
ployment and in search of situa.
ton?
5. May railway companies provide
free transportation for delegates to the
annual conventions OF an association
composed exclusively OF railway EN-.
ployes, upon certificates from the Of
ficers Of the association that they are
such representatives.
6. II free transportation may be fur.
nished to representatives de-
scribed in question five, must all
such representative be actually in the
employ of some railway, or may 1t in
clude those who may be temporarily
\ out OF employment and those tempo
rarily engaged In other employments
ss officers OF such associations?
7. II free transportation is provided
for delegates described in question
five, may it include members of the
immediate families Of delegates?
8. II free transportation or reduced
rates are provided for the representa-
iives of any one association, must the
same be extended to all others which
are composed exclusively of railway
employees, on application?
ANOTHER APPLICATION HAS BEEN MADE
to the Commission on behalf OF the
Traders and Travellers Uuion, stating
the system under which an additional
allowance OF free baggage has been
heretofore carried by commercial trav-
elers, subject to written agreement for
registry aud Naturalization which
system the Commission is requested
to examine carefully land advise MS
il tn re ia any reason why railroad
company desiring to do so should not
enter into euch an arrangement to
grant, under stated terms, an in
creased allowance Of free baggage"
These two petitions, presented by
highly respectable organic atoms, and
raising questions oil immediate pTacti-
cal Importance, are representatives OF
a large number of similBr applications
which have been made to the Com
mission for its construction OF pro-
visions OF the "act to regulate COM
merce" as applied to the various points
at which these provisions touch the
customs of the past. They have
been selected simply as they indi-
cate the general character OF all,
and enable the Commission to an
nornce certain conclusions 70 which
It has arrived respecting its
Jurisdiction and it's powers. 1t is OBJ
v.ous from the tenor of such appli-
cations as these which reach us by
every msil, that the impression Is
generally prevalent that this Com.
mission has power 10 construe, inter-
pref and apply the law by preliminary
Judgment. We are continually ap.
pealed to for decisions in advance as
TO whether common carriers, said to
bs willing to adopt certain methods
OF dealing with respect to interstate
commerce, can do 30 without subject
ing them selves to the penalties de-
nounced by the statute for violating
its provisions. A careful reading CT
the "act TO regulate commerce." under
which this Commission is organized,
will show to the petitioners and others
who have made similar applications,
that no jurisdiction hes been given us
to answer questions like those under
consideration. An expression Of our
opinion upon these subjects at this
time, being neither q duty imposed
nor power conferred by the statute,
would carry with it no judicial efficacy
or sanction; in fact, would be no more
useful to the public or the carriers,
than the opinion OF other men upon
the same points. Two sections OF the
law confer power upon the Commits.
sion to entertain and decide spplica-
tons and petitions, Section 4 empow'
ers us upon application by common
carrier to authorize such common car
riers in special cases to charge less for
longer than for shorter distances over
the same line, and also to prescribe
the extent Of relief from the operation
Of his former part OF the same section
which a designated common carrier
may from time to time enjoy. A large
number of petitions have been filed
under this section, the consideration
Of which is at this time engaging the
attention OF the Commission, and moth
nag said in this opinion is 10 be treated
IS in any manner bearing thereon. 1t
ia obvious that applications like
those Of the railway conductors and
the Traders and Travellers Union